[2025] KEELC 5366 (KLR)
The court found that the judicial review case had already been fully determined and was not the appropriate forum for enforcing the District Land Adjudication and Settlement Officer's decision. The applicant's request to withdraw the subsequent application was unopposed except as to costs. Applying Section 27 of the...
Source-derived case information.
- Citation
- [2025] KEELC 5366 (KLR)
- Parties
- Applicant: Samuel Mwirigi M’eruaki; Respondent: The District Land Adjudication Officer Igembe District; Respondent: The District Lands Registrar; Respondent: The Meru North Sub County Surveyor; Interested Party: David M’munyuri M’liria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 30 of 2014
- Procedural Posture
- Judicial Review Application / Ruling on Withdrawal of Post Judgment Application
- Outcome
- Application withdrawn with costs to Samuel Muriungi.
- Judges
- BM Eboso
- Legal Topics
- Judicial Review, Land Adjudication, Withdrawal of Application, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mwirigi M’eruaki
Applicant
The District Land Adjudication Officer Igembe District
Respondent
The District Lands Registrar
Respondent
The Meru North Sub County Surveyor
Respondent
David M’munyuri M’liria
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Withdrawal of Post Judgment Application
Legal Issues
- 1 Whether the concluded judicial review case can be used as a platform to enforce the District Land Adjudication and Settlement Officer's decision.
- 2 Whether the notice of motion dated 23/5/2025 should be withdrawn and on what terms, particularly as to costs.
Ratio Decidendi
The court found that the judicial review case had already been fully determined and was not the appropriate forum for enforcing the District Land Adjudication and Settlement Officer's decision. The applicant's request to withdraw the subsequent application was unopposed except as to costs. Applying Section 27 of the Civil Procedure Act, the court held that there was no reason to depart from the general rule that costs follow the event. Therefore, the application was marked as withdrawn, and the applicant was ordered to bear the costs incurred by Samuel Muriungi in responding to the application.
Court Disposition
Application withdrawn with costs to Samuel Muriungi.
Orders
- The notice of motion dated 23/5/2025 is marked as withdrawn.
- The applicant in the notice of motion dated 23/5/2025 shall bear the costs of Samuel Muriungi’s advocate.
Full Case Text
Judgment text and source record
28 paragraphs
M’eruaki v District Land Adjudication Officer Igembe District & 2 others; M’liria (Interested Party) (Judicial Review Application 30 of 2014) [2025] KEELC 5366 (KLR) (16 July 2025) (Ruling)
Neutral citation: [2025] KEELC 5366 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Judicial Review Application 30 of 2014
BM Eboso, J
July 16, 2025
Between
Samuel Mwirigi M’eruaki
Applicant
and
The District Land Adjudication Officer Igembe District
Respondent
and
The District Lands Registrar
1st Intended Respondent
The Meru North Sub County Surveyor
2nd Intended Respondent
and
David M’munyuri M’liria
Interested Party
Ruling
1. This judicial review case was fully disposed through a judgment rendered by Mbugua J on 7/1/2019. The court dismissed the case on merit in the following terms:“I find not the slightest reason to interfere with the respondent’s findings. This judicial review motion is dismissed with costs to the interested party. The orders of stay of implementation of respondent’s decision are hereby discharged.”
2. More than five years later, the interested party brought the notice of motion dated 23/5/2025, seeking to use the concluded judicial review case as the platform on which to enforce the award/decision of the District Land Adjudication and Settlement Officer dated, 5/8/2014.
3. The applicant has belatedly realized that this concluded judicial review case is not the proper platform on which to implement the decision of the District Land Adjudication and Settlement Officer. He now seeks withdrawal of the application.
4. There is no objection to the intended withdrawal, save that Samuel Muriungi has insisted that he be awarded costs of the application. He was served with the application and he accordingly instructed an advocate who filed a notice of appointment and grounds of opposition.
5. Taking the above into account, the court will allow the plea for withdrawal of the notice of motion dated 23/5/2025. There is no proper reason for departing from the general principle in Section 27 of the Civil Procedure Act. Consequently, the applicant in the notice of motion dated 23/5/2025 will bear costs of Samuel Muriungi’s advocate. The application is marked withdrawn on the above terms.
DATED SIGNED AND DELIVERED AT MERU THIS 16TH DAY OF JULY 2025B M EBOSO [RM]JUDGEIn the Presence ofMr. Koome for the Interested PartyMs Asuma holding brief for Mr. Mutembei for the RespondentMs Wairimu for the 1st Respondent and 2nd and 3rd Interested Respondents.Court assistant - Tupet